SC dismisses plea seeking review of its judgement upholding abrogation of Article 370
In December, the court had ruled that Article 370, which granted special status to Jammu and Kashmir, was a temporary provision.
The Supreme Court has dismissed petitions seeking a review of its December judgement that upheld the government’s decision to end the special status of the then state of Jammu and Kashmir by abrogating Article 370 of the Constitution, reported Bar and Bench on Tuesday.
A bench of Chief Justice DY Chandrachud with Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna said that no case for review was made out. The court passed the order on May 1, and the verdict was uploaded on the official website on Tuesday.
“Having perused the review petitions, there is no error apparent on the face of the record,” the bench said.
The review petition, filed by Awami National Conference, had challenged the Supreme Court decision to uphold the Centre’s decision to revoke Jammu and Kashmir’s special status and split the erstwhile state into two Union territories in 2019.
A Constitution bench headed by Chief Justice Chandrachud had pronounced the judgement after hearing more than 20 petitions challenging the move.
The bench had ruled that Article 370 was a temporary provision.
“Article 370 was an interim arrangement due to war conditions in the state,” the bench said. “Textual reading also indicates that [Article 370] is a temporary provision.”
Justice Kaul’s concurring judgement with the chief justice said that the purpose of Article 370 was to slowly bring Jammu and Kashmir at par with other Indian states.
The Supreme Court had also ordered the Centre to restore statehood of Jammu and Kashmir and hold elections there by September 30.
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- Should Supreme Court have evaded the question of downgrading Jammu and Kashmir to a Union territory?